Commonwealth v. Stewart
469 Mass. 257
| Mass. | 2014Background
- Defendant was convicted of possession of cocaine with intent to distribute; prior convictions used to impose enhanced sentences.
- During a May 22, 2008 stop in Boston’s theater district, police observed the defendant with three others near Hayward Place, a known drug area.
- The group huddled briefly in a doorway; officers approached the defendant and opened a heavy cigarette-style box in the backpack.
- A digital scale with cocaine residue and subsequent cocaine and cash were seized; defendant moved to suppress the evidence.
- Judge denied suppression; Appeals Court panel affirmed; SJC granted further appellate review; conviction ultimately vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to stop the defendant? | Stewart | Stewart | Yes; stop supported by reasonable suspicion. |
| Was opening the cigarette box a lawful search incident to arrest? | Stewart | Stewart | No; not justified by probable cause at arrest moment. |
| Was there probable cause to arrest when the box was opened? | Stewart | Stewart | No; insufficient objective evidence of an exchange by the defendant. |
| Were the cocaine and cash products of an illegal search and properly excluded? | Stewart | Stewart | Yes; suppression was proper; not harmless beyond a reasonable doubt. |
| Should the conviction stand given the suppression ruling? | Stewart | Stewart | No; conviction vacated; retrial or nolle prosed; sentencing issues not reached. |
Key Cases Cited
- Commonwealth v. Kennedy, 426 Mass. 703 (Mass. 1998) (silent-mmovie probable cause framework; observed exchange strengthens probable cause)
- Commonwealth v. Santaliz, 413 Mass. 238 (Mass. 1992) (probable cause via silent movie sequence; inferred exchange must be supported by movements)
- Commonwealth v. Levy, 459 Mass. 1010 (Mass. 2011) (failure to observe actual exchange weakens probable cause)
- Commonwealth v. Gomes, 453 Mass. 506 (Mass. 2009) (reasonableness of investigatory stop based on officer’s experience)
- Caputo v. Commonwealth, 439 Mass. 153 (Mass. 2003) (consent can limit scope of searches; withdrawal of consent)